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HomeMy WebLinkAbout1980-01-23; Planning Commission; ; CUP 171 - COAST WASTE MANAGEMENTSTAFF REPORT DATE: January 23, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: CUP-171, Coast Waste Management REQUEST: CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF A NON-CONFORMING USE IN THE RD-M ZONE BACKGROUND Location and Description of Property The subject property is located on the east side of Ponto Drive, south of Palomar Airport Road. The property is currently used as a headquarters and operations site for the Coast Waste Management operations. The site contains one acre and there are two buildings on the property. The property is surrounded by a chain link fence. Construction has begun on the new building although no permits have been issued. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: RDM PC RDM RDM Open Space Coast Waste Management Vacant Single Family Residences Kennel, Auto Wrecking Yard Highway, Carlsbad State Beach General Plan Information A. Land Use Element The land use element designates this property as RMH, Residential Medium High Density, 10-20 du/acre. However, the land use element also specifies that certain unique and special uses shall be allowed in any category subject to zoning controls. Since this CUP is permitted as per Section 21.48.080, it is therefore consistent with the General Plan if it meets the requirements of Section 21.42.020. B. Public Facilities City Sewer: This project is being serviced by the City of Carlsbad. Schools: This is an industrial project and will have no effect on the school system. Cit! Water: Water service is currently provided by the City of Car shad. Gas and Electric: SDG&E now supplies services to this project. On-site and Adjacent Public Improvements: Any necessary public improvements will be -required per the city Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: All other public facilities necessary to serve this project will be available concurrent with need as a result of the public facilities fee. Other Elements of the General Plan: This project is consistent with other elements of the city's current general plan. Environmental Impact Information This project has been processed through environmental review and a negative declaration has been issued based on the following findings: 1. The site has been previously developed and therefore the proposed structure will not have any adverse impacts on any significant environmental resources. 2. No additional landform alteration or site modifications is proposed which could result in any potentially significant environmental impacts. History and Related Cases ZCA-105, Non-conforming Uses, Ordinance No. 9538. On October 2, 1979, the City Council approved ZCA-105 which allows for the expansion of non-conforming uses by Conditional Use Permit. This amendment limited the amount of expansion to 50% of existing value for those uses which provide a service to the City. This amendment also allowed for the establishment of a date of abatement. The CUP will expire 3 months after issuance. -2- - Major Planning Considerations 1. When shall the use be abated? 2. What conditions should be applied to this expansion to adjust the use to the existing and future uses in the neighborhood? Discussion Section 21.48.080 allows the expansion of a non-conforming use The expansion is limited to 50% of value since the use is one which provides a public service traditionally provided by the City. This section also requires that a date be set for amortization of the non-conforming use. The major issues associated with this project include the building setback, screening of storage areas from street right-of-way, on-site employee parking and the establishment of an amortization date. Exhibit A shows the proposed building on the east property line adjacent to an existing kennel. Locating the building on the property line will have a detrimental affect on the neighboring kennel, by creating an adverse visual impact and blocking sunlight from the property. Since the RDM zone requires a 10 foot rear yard, and conditional uses must meet the requirements of the underlying zone, a 10 foot setback will be required.-The 10 foot setback will lessen the impact on the neighboring kennel. At this time, there is no screening of the storage _areas which are visible from Carlsbad Boulevard and the State Beach. A condition will require screening of the storage areas along the west property line with landscaping or wood slats in the chain link fence. There is an area designated for employee parking on-site, although the area is unpaved. The applicant will be required to pave and improve the parking area to provide parking for 20 cars. The applicant is requesting a 5 year amortization date for the use. This amount of time is adequate to allow the applicant to obtain necessary approvals and permits to purchase a new site and to reloqate. The requirements for parking and screening of storage areas will help to adjust this present use to the surrounding uses. According to Section 21.48.080, the non-conforming use must be removed by the date established in the CUP and the amortization date must be recorded on the deed. This will be required as conditions of approval. -3- Recommendation Staff recommends APPROVAL of CUP-171, based on the following findings and subject to the following conditions: 1. This project is consistent with the General Plan Land Use Element since it meets the provisions for unique and special uses. 2. This project is consistent with all applicable Public Facility Policies and Ordinances and with the Public Facilities Element since: a. Sewer service is currently provided by the City of Carlsbad's County Water District. b. Water service is currently provided by the City of Carlsbad. c. Gas and Electric service is provided by SDG&E. d. All necessary on-site and adjacent public improve- ments are existing or will be required as conditions of approval. e. The applicant has proposed, and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Payment of this fee will ensure that public facilities will be available concurrent with need as required by the General Plan. 3. This project will not have any significant adverse environ- mental impacts. A Negative Declaration, Log No. 628, was issued on December 19, 1979, for the following reasons: a. The site has been previously developed and therefore the proposed structure will not have any adverse impacts on any significant environmental resources. b. No additional landform alteration or site modification is proposed which would result in any potentially significant environmental impacts. 4. This use is desirable for the development of the community and is not detrimental to existing or proposed uses because: a. The use is existing and the proposed building will enclose the repair and maintenance operations. b. The use will be removed within 5 years of approval of this Conditional Use Permit. -4- 5. The site is adequate in size and shape to accommodate the use because: a. There will be no change in use. The proposed building will house activities already conducted on-site. 6. The use has been adequately adjusted to the surrounding areas because: a. A 10 foot setback will be provided between the building and the east property line. b. The use will be removed within 5 years of the approval of the Conditional Use Permit. 7. The street system is adequate to service the use because the property is located adjacent to Carlsbad Boulevard, which is capable of handling the traffic from this use. 8. This project meets all other requirements of the Carlsbad Municipal Code. Conditions 1. Approval is granted for CUP-171 as shown on Planning Commission Exhibit A dated 11/28/79 & Exhibit B dated 1/5/80, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The proposed building shall meet all the requirements estbalished by the City Building Official and the Uniform Building Code (Section 18.04.005). 3) A building permit shall be obtained prior to commencement of any work on the proposed building (Section 18.04.025). 4. All non-conforming uses and structures shall be removed from the site within 5 years from the date of approval of this CUP. In the event such uses and structures are not removed, the City shall institute zone enforcement proceedings to insure compliance with the existing ROM Zone (Section 21.48.0B0(d) (3). 5. This Conditional Use Permit shall be recorded at the Office of the County Recorder within 5 days of approval of the resolution for CUP-171. The applicant shall provide evidence of this prior to issuance of building permits (Section 21.48.0B0(d) (3). 6. An employee parking area for 20 cars shall be provided on-site. The improvement plans for the parking area shall be submitted to and approved by the City Engineer prior to the issuance of a building permit. -5- 7. The storage areas along the west property line shall be screened by use of landscaping or wood slats in the chain link fence. 8. This Conditional Use Permit shall be reviewed in 90 days to insure compliance with the above condition. 9. This approval is expressly conditioned upon payment of the applicant of a public facilities fee required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by reference, according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan. Attachments Location Map Disclosure Form Exhibit A dated 11/28/79 Exhibit B dated 1/5/80 KL:ar 1/16/80 -6- ® 2.75AC. ·-.. h,.:--r--....;:~---n--1 :i -< II 0 ; la .. . .. c:, o~. 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